California HOAs are no longer named as additional insured on member EV chargers
California HOAs are no longer named as additional insured on member EV chargers
2026-09-09 · California · Compliance
One of the most widely copied provisions in California homeowners association EV charging policies became unenforceable on January 1, 2026, and many associations are still requiring it.
SB 770, Chapter 525, Statutes of 2025, chaptered on October 10, 2025, amended Civil Code section 4745 to delete the requirement that an owner installing a charging station name the association as an additional insured on their liability policy. It also corrected an erroneous cross-reference to the required insurance amount.1
What survives in section 4745
Nearly everything else, and this is not a general loosening.
The owner “shall, at all times, maintain a liability coverage policy,” and must deliver the certificate of insurance within 14 days of approval and annually thereafter. The owner must use a licensed contractor, comply with the association's architectural standards, and pay the costs of installation, maintenance, repair, damage, restoration and electricity. The station must be disclosed to prospective buyers.2
Section 4745(e): an application not denied in writing within 60 days of receipt is deemed approved, absent a reasonable request for more information.
Section 4745(b)(2): “reasonable restrictions” are those that do not significantly increase cost or significantly decrease efficiency or performance.
Section 4745(f)(4): no homeowner liability policy is required where the owner uses an existing NEMA standard AC power plug.
A willful violation by an association still carries a civil penalty of up to $1,000 plus actual damages.
The association asked for a veto
Worth recording: CAI-CLAC, the community association industry's California legislative committee, requested a veto of SB 770. The Governor signed it.
What it changes for boards and managers
EV approval packets need editing, not just re-reading. The additional-insured requirement appears in a great many California association EV charging policies, architectural application forms and CC&R amendment templates, because it was in the statute and everyone copied it. It is now unenforceable, and a form that still demands it is asking owners for something the association cannot require.
The certificate obligation is the one that remains, and it is the harder one. Associations tend to focus on the additional-insured line because it was the conspicuous one. The recurring obligation is the annual certificate, and it is the one associations most often fail to track — a one-time delivery at approval is easy, a perpetual annual cycle across every installed station is not.
Nothing in section 4745 gives the association a mechanism to compel a certificate. The tracking system is the association's to build.
The distinction being drawn is a real one. Naming the association as an additional insured extends the owner's policy to cover the association directly. Requiring a certificate confirms the owner carries coverage without extending it. The Legislature kept the confirmation and removed the extension.
Associations that were relying on additional-insured status as a defence layer should raise the change with their own broker rather than assuming the master policy answer is unchanged.
The 60-day deemed approval is unaltered and still catches boards. Silence approves. A board deferring an EV application pending an electrical capacity study, without issuing a written denial, faces automatic approval at day 61.
Two amendments in two years, on the same section
SB 1267, presented to the Governor on August 30, 2026, would amend section 4745 again. Its provisions are substantial:
Associations would get civil liability protection for charging stations they do not own, except for gross negligence. Owner responsibility would extend to damage arising from the use of the station — the current statute reaches installation, maintenance, repair, removal and replacement, but not use. The obligation would run to successive owners. And the NEMA standard plug exemption from the coverage requirement would be carried forward.
It passed the Senate concurrence vote 40–0 and, unusually among this session's common interest development bills, was supported rather than opposed by CAI-CLAC — it reduces association exposure rather than expanding association duties. It is not law; the Governor must act by September 30, 2026.
The practical consequence of two consecutive amendments is that any EV policy template dated before 2026 is out of date in at least one respect, and possibly two. The operative text of section 4745, not a summary or a form, is what governs.
The construction-code layer nobody mentions
Section 4745 governs what an association must permit when a member asks. It is not the only EV obligation reaching California common interest developments.
The 2025 edition of CALGreen, Title 24 Part 11, took effect January 1, 2026, and carries EV infrastructure requirements for multifamily construction — including on additions and alterations, which is the path that reaches existing communities. An association repaving a garage or performing electrical work on a parking structure may trigger EV-readiness obligations on the altered spaces.
That is a capital planning and reserve study question rather than a member-request question, and it is analytically separate from section 4745. Boards planning parking or garage work should ask their contractor which CALGreen provisions the scope triggers before the project is bid, because the answer changes the budget.
What to watch next
The Governor's decision on SB 1267 by September 30. If it is signed, its operative date is January 1, 2027, and the annual certificate-tracking obligation acquires a second layer — successor owners — that associations will need to capture at transfer through the resale disclosure process.
Related California HOA Topics
- SB 770, California Legislature — bill status (Chapter 525, Statutes of 2025; effective January 1, 2026) ↩
- Civil Code § 4745, California Legislative Information — operative text ('Amended by Stats. 2025, Ch. 525, Sec. 1. (SB 770) Effective January 1, 2026.') ↩
- SB 1267, California Legislature — bill status (further amendments to Civil Code § 4745, presented to the Governor August 30, 2026) ↩
- California Building Standards Commission, CALGreen — 2025 edition, effective January 1, 2026 ↩
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